WTC disability element

daisycat22

Hi
Can anyone advise me please....I had been receiving ESA (support group) for around 14 months and then got a part-time job. I have been in that job now for nearly 6 months and was recently told about the disability element of WTC. I called HMRC and was told I do not qualify as I have to be on DLA. Can anyone tell me if this is true?...He didn't sound very sure so just wanted to check.

Thanks

joe65

daisycat22 wrote: »

Hi
I called HMRC and was told I do not qualify as I have to be on DLA. Can anyone tell me if this is true?...He didn't sound very sure so just wanted to check.

Thanks

Not true, you can get the disability element, if you have been getting ESA, most of this information can be found here disability element help sheet TC956
[FONT=HMRCModena,HMRCModena][FONT=HMRCModena,HMRCModena][/FONT][/FONT]
[FONT=HMRCModena,HMRCModena][FONT=HMRCModena,HMRCModena]Have received ESA for a period of 140 qualifying days, with the last day of receipt falling within the 56 days before you claimed the disability element [/FONT][/FONT]

It seems the tax credit advisors have it in there heads to get the disability element, you must be on DLA, but you can get Disability element for a whole range of benefits, and ESA is one of them, as is National Insurance Credits, Sickness Benefit, Income Support, Incapacity Benefit, and many others

daisycat22

Thanks for that information, I'll give them a call back tomorrow.

I have one more question, I spoke to a DEA adviser today from the Jobcentre and was asking some advise about asking for adjustments at work etc.

I told her that I had not disclosed at the time I started about my health condition (but will be doing so now) and she told me it was against the law for me to withhold this information from employers and they would be within their rights to sack me for gross misconduct!!...I was gobsmacked and have looked on the internet and can't find any truth to that....does anyone know?

voucher

daisycat22 wrote: »

Thanks for that information, I'll give them a call back tomorrow.

I have one more question, I spoke to a DEA adviser today from the Jobcentre and was asking some advise about asking for adjustments at work etc.

I told her that I had not disclosed at the time I started about my health condition (but will be doing so now) and she told me it was against the law for me to withhold this information from employers and they would be within their rights to sack me for gross misconduct!!...I was gobsmacked and have looked on the internet and can't find any truth to that....does anyone know?

google this

withhold medical information from employers

loads of info that will answer your question

Brassedoff

joe65 wrote: »

Not true, you can get the disability element, if you have been getting ESA, most of this information can be found here disability element help sheet TC956
[FONT=HMRCModena,HMRCModena][FONT=HMRCModena,HMRCModena][/FONT][/FONT]
[FONT=HMRCModena,HMRCModena][FONT=HMRCModena,HMRCModena]Have received ESA for a period of 140 qualifying days, with the last day of receipt falling within the 56 days before you claimed the disability element [/FONT][/FONT]

It seems the tax credit advisors have it in there heads to get the disability element, you must be on DLA, but you can get Disability element for a whole range of benefits, and ESA is one of them, as is National Insurance Credits, Sickness Benefit, Income Support, Incapacity Benefit, and many others

So, if someone gets NI credits and DLA, does not work, but their wife does. Can they claim disability element of tax credits? Is that what you are saying (for clarity)

joe65

Brassedoff wrote: »

So, if someone gets NI credits and DLA, does not work, but their wife does. Can they claim disability element of tax credits? Is that what you are saying (for clarity)

Not 100% on this, if its a joint claim, maybe; single claim doubt it

But in my case, which is currently at the tribunal court, tax office told me, I wasn't entitled to the disability element, but I now know this week, for the years 2009 - 2011 I got national insurance credits while working reduced hours

I don't know if the tax advisor will listen to you, so it might be an idea, to get help from the CAB

Brassedoff

daisycat22 wrote: »

Thanks for that information, I'll give them a call back tomorrow.

I have one more question, I spoke to a DEA adviser today from the Jobcentre and was asking some advise about asking for adjustments at work etc.

I told her that I had not disclosed at the time I started about my health condition (but will be doing so now) and she told me it was against the law for me to withhold this information from employers and they would be within their rights to sack me for gross misconduct!!...I was gobsmacked and have looked on the internet and can't find any truth to that....does anyone know?

As an employer, I would sack you on the spot. Whether I would have employed you or not with your condition or illness I would not know. That decision should have been the employers to make. You had the chance to put to the employer why they should take the chance on you. The choice should have been theirs. It would have only been fair.

To now tell an employer is tantamount to believing you would get sick pay or have the employer spend money or cost them money on making adjustments for you.

joe65

Brassedoff wrote: »

As an employer, I would sack you on the spot. Whether I would have employed you or not with your condition or illness I would not know. That decision should have been the employers to make. You had the chance to put to the employer why they should take the chance on you. The choice should have been theirs. It would have only been fair.

To now tell an employer is tantamount to believing you would get sick pay or have the employer spend money or cost them money on making adjustments for you.

I would say it all depends on how the person health is, does she have problems most of the time, so this would be a case to tellt he employer

How ever if she has gone by 2 yrs and no issues with health, but there is a medical problem, do you tell, or would you even think to tell your employer

I never thought to tell my employer "asda" that I have issues with my health, didn't see the need to, as my first 5 years in asda, I didn't have any problems, its only later on in my years, my health took a turn for the worse, lucky for me I have a very good manger, who is very understanding of my health

wildwestfan

joe65 wrote: »

I would say it all depends on how the person health is, does she have problems most of the time, so this would be a case to tellt he employer

I would have thought there must have been fairly severe health problems to warrant support group ESA.